Abstract The tort system, as a means of compensating the victims of injury, no longer fulfills the purpose for which it was intended. The attempt to achieve a fair and rational method of compensation, especially in the areas of medical malpractice and products liability, has been displaced by a form of litigation lottery which permits attorney's fees to divert great amounts of money from victims in needs. A reform of this system is much in need and long overdue. Following a discussion of these and other problems with the tort system, this paper will present a method for ensuring the prompt settlement of most personal injury claims through payment of the victim's net economic losses. The parallels to no-fault auto insurance and workers' compensation are examined and attention is given to the likely impact of this proposal on the conduct of potential injurers and victims.


    Access

    Check access

    Check availability in my library

    Order at Subito €


    Export, share and cite



    Title :

    Tort versus no-fault: Compensation and injury prevention


    Contributors:

    Published in:

    Publication date :

    1987-01-01


    Size :

    9 pages




    Type of media :

    Article (Journal)


    Type of material :

    Electronic Resource


    Language :

    English



    Risk management and tort liability

    Datta, T. K. / PTRC Education and Research Services | British Library Conference Proceedings | 1998



    Droit. Accrochage: qui a tort?

    Online Contents | 1998


    Tort Liability and IVHS Today

    Ramsdell, E. L. / IVHS America | British Library Conference Proceedings | 1992


    Hydroplaning and Roadway Tort Liability

    Mounce, John M. | Online Contents | 1993